Study On The Improvement Of The Supervision Regime Of Voluntary Guardianship In China

In order to cope with the aging population and the need to protect human rights,European and American countries have carried on to the reform of adult guardianship regime and abolished the system of property prohibition.Strengthening the intervention of public power has become the trend of the development of guardianship system in all countries.Therefore,the establishment of a perfect guardianship supervision system has become the consensus of modern guardianship legislation.Such as the representative country of the Anglo-American law system the United Kingdom,the representative country of the continental law system Japan and so on have established a relatively mature and perfect system of intended-custody supervision.As an aging country,there is still a great lack of guardianship legislation.China’s law on the protection of the rights and interests of the elderly and the general provisions of the civil law have included the intentional guardianship system in them,but the general guardianship supervision system(i.e.,article 36 of the general provisions of the civil law)cannot completely cover the intentional guardianship supervision system.At the same time,the specific content of the responsibility and authority of the supervision subject needs to be improved,the lack of the guardianship registration system,the supporting supervision measures are not up to date and so on.In view of the widespread utilization of the system and the increasingly aging phenomenon,China should establish a guardianship supervision system that is compatible with the guardianship system by judicial interpretation.This paper aims to explore the guardianship supervision system of relevant countries and the notary public in China The practice and the obstacles in the implementation of the supervision of appointed guardianship try to localize the supervision of appointed guardianship The governor seeks a way out.The first part of this paper is the introduction and thinking of typical cases,mainly through the introduction of the case,from the problems found in the case,and then the following.The second part expounds the basic connotation and intentionality of intentionality guardianship supervision.The value of the governor is expected to more directly reflect the nature of supervision.The third part is the guardianship of our country Insufficient supervision system is facing the status quo and analyzed,the existing legislation on major general guardianship supervision can’t completely adapt to the needs of the guardianship supervision by too narrow,and the responsibilities of the supervisor in advance,make problems such as lack of prevention mechanism,existing in the practice of notarization practice problems such as lack of standard operation,and further discusses the building of the guardianship by supervision system is necessary.The fourth part tries to provide an important reference for our country to construct the independent supervision system through a comprehensive comparative analysis of the provisions of the independent supervision system in six countries outside the region.The last part concretizes the measures to perfect the intentionality guardianship supervision system.On the basis of the reference of more mature legislation in foreign countries,combining with the present situation in China,it is suggested that we should improve the system of guardianship supervision from the perspective of judicial interpretation,and improve the system of disqualification of guardianship.In addition,it is necessary to formally establish the registration system of intentionality guardianship and to specify the contents of intentionality guardianship supervision.